The Discovery Update E-Letter Articles

30Sep2019

Preserving Android Evidence

  • 1 Tags
  • 0 Comments
By Craig Ball When computer forensics was in its infancy, examiners collected evidence from disks by copying their contents byte-for-byte to matching, sterilized disks, creating archival and working copies called “clones.”  Cloning drives was inefficient, expensive, and error prone compared to the imaging processes that replaced it.  Yet, disk cloning worked for years,
30Sep2019

Data Validation in eDiscovery

  • 1 Tags
  • 0 Comments
By Michael Schidlow Business deals are made and scandals fueled over text, as opposed to a physical paper trail. Come litigation time, those electronic records need to be verifiably loaded into a system and reviewed for a number of purposes. Emails, messenger logs, and attachments linked to those communications become subject to review.
03Sep2019

Three Ways Legal Software can Improve Law Firm Oversight

  • 1 Tags
  • 0 Comments
By Nicole Black Running a busy law firm can be challenging, to say the least. There are lots of moving pieces regardless of your firm’s size, and the more attorneys and staff you add to the mix, the more complicated things become. Staying on top of everyone’s daily schedules and workloads can become a task in and of itself.
04Aug2019

Who Says You Can’t Bates Number Native Productions?

  • 1 Tags
  • 0 Comments
By Craig Ball A writer’s hubris is the conviction that when you’ve covered a topic, you’ve had your say.  But new readers rarely have time or desire to plumb earlier work and, were they to try, much of what I wrote on the underpinnings of e-discovery and forensics was long ago stolen away like Persephone to a paywall-protected underworld,
01Jul2019

12 Ways to Improve Your Discovery Cost Recovery Process

  • 1 Tags
  • 0 Comments
By Casey Sullivan
If you’re passing discovery costs through to your clients—and the vast majority of law firms are—you’re also probably getting pushback on discovery costs, at least occasionally. In a recent Logikcull survey, 89 percent of law firms experienced client pushback on discovery costs, with 68 percent receiving pushback sometimes,
01Jul2019

3 Ideas to Future-Proof Your Law Firm

  • 1 Tags
  • 0 Comments
By Nicole Black According to the 2019 Altman Weil “Law Firms in Transition 2019” survey, 96 percent of law firm leaders “agree almost unanimously that a focus on improved practice efficiency is a permanent trend in the profession.” One way that some firms are addressing the push for increased efficiency is by using technology to improve firm processes,
07Jun2019

e-Discovery Technology is Not Just for Bigger Firms

  • 1 Tags
  • 0 Comments
By Jeffrey Wolff One thing that keeps surprising me is the still widespread idea that eDiscovery technology is exclusively available for enterprises and the bigger firms. Although most people agree with the fact that SaaS makes eDiscovery technology more widely available, a lot of solo litigators and small firm lawyers I speak with are skeptical of using eDiscovery tools in their practices.
03Jun2019

Moving to a Paperless Law Firm: Three Tips for Working with PDFs

  • 1 Tags
  • 0 Comments
By Nicole Black In the past year, there has been an increased interest in moving to paperless law firms. This is because in many jurisdictions e-filing is becoming a requirement. As the courts make this transition to e-filing, law firms are feeling the pressure to digitize their documents and establish a paperless workflow.
05May2019

Shifting the e-Discovery Paradigm from Documents to People

  • 1 Tags
  • 0 Comments
By Ann Marie Lane TV defense attorney Ben Matlock is one of the most well-known fictional characters in American pop culture.  A folksy, bad-tempered southern attorney, he has a penchant for calling out perpetrators in a dramatic courtroom scene. While it has been over 20 years since the final Matlock episode aired,
26Mar2019

How Legal Technology is Impacting the Modern Solo/Small Firm

  • 1 Tags
  • 0 Comments
By Jennifer Anderson It used to be the case that if you wanted to practice law at a firm with all the latest technological bells and whistles, you had to go to one of the mega-firms. Small firms largely didn’t have the resources to absorb the great costs associated with fledgling (yet undeniably effective) technologies. 
04Mar2019

Loving Location Histories

  • 1 Tags
  • 0 Comments
By Craig Ball I give dozens of talks each year on electronic evidence where I discuss geolocation data and its transformative potential as evidence in criminal prosecutions and civil litigation.  Smart phones constantly track our movements using gyroscopes, accelerometers, global positioning features, geolocation apps, cell tower triangulation and three independent radio systems.
03Feb2019

Is the Future of E-Discovery Really in the Cloud?

  • 1 Tags
  • 0 Comments
By Keely McKee “Cloud-based hosting for many still seems like a black box, and it is the unknown that makes customers hesitate,” said Josh Hass, eDiscovery and Structured Data Solution Leader at CRA, on The Relativity Blog last spring. Often, teams simply don’t know just how much security this solution offers.
07Jan2019

Legal Tech’s Predictions for 2019 in E-Discovery

  • 1 Tags
  • 0 Comments
By Zach Warren Many now consider e-discovery to be a mature market, but that doesn’t mean the pace of innovation is necessarily slowing down. On the contrary, 2018 saw the adoption of new technologies like beginning-of-EDRM analytics at a wider scale, a focus on expanding e-discovery technology into adjacent spaces like information governance,
12Nov2018

Mobile to the Mainstream

  • 1 Tags
  • 0 Comments
By Craig Ball Once you’ve preserved the contents of a mobile device, how do you extract responsive content in forms that are searchable and amenable to review? Most information items on mobile devices aren’t “documents” that can be printed to a static format for review. Instead, much mobile content is fielded data that must retain a measure of structural integrity for intelligibility.
15Oct2018

The GDPR: More a Collaboration Opportunity than a Data Hindrance?

  • 1 Tags
  • 0 Comments
By Zach Warren, LegalTech News Editor-in-Chief The GDPR was front and center at the “International e-Discovery and Data Protection” session of Relativity Fest 2018, where panelists said it can be an opportunity to bake privacy into the discovery workflow. It’s a radical concept, but stay with me here. Perhaps, in spite of the extremely large potential fines and the headaches it has caused IT teams worldwide,
06Sep2018

Why Now is the Perfect Time to Take Control of Your eDiscovery

  • 1 Tags
  • 0 Comments
By ZyLAB eDiscovery is one of those tasks nearly everyone is happy to hand off to someone – anyone – else. “It’s too complicated,” they say. “Too expensive! And too time-consuming!” Granted, all that used to be true. But if you haven’t looked at eDiscovery lately, you may have missed how it’s evolved.
04Sep2018

The Most Important eDiscovery Cases of 2018 (So Far)

  • 1 Tags
  • 0 Comments
By Casey Sullivan 2018 has been an unusually quiet year for eDiscovery cases. Usually by this point, we would have at least a few blockbuster cases, with big sanctions and big controversy to make a big deal over. While we have had a few big fines, the jurisprudence in eDiscovery seems to have settled down greatly since the enactment of the 2015 amendments to the discovery rules in the Federal Rules of Civil Procedure.
11Jun2018

6 Keys to Consider When Evaluating eDiscovery Review Platforms

  • 1 Tags
  • 0 Comments
By Kelly Twigger Technology of review software is constantly evolving, and many platforms are moving to the cloud. Firms that have purchased behind-the-firewall solutions are re-evaluating their expenditures, and in-house departments are looking to leverage their own tools to reduce costs with outside counsel. Firms that have had Summation and Concordance in the past are reassessing their options.
09Apr2018

The Dark Side of Cloud Computing

  • 1 Tags
  • 0 Comments
By Sharon Nelson and John Simek We have said for many years that the cloud will generally protect a law firm’s data better than the law firm would itself. As more and more law firms adopt Microsoft Office 365, thereby moving to the cloud, we have come to the conclusion that a few words of caution are in order when law firms entrust their data to the cloud.
09Jan2018

Videoconferencing vs. Web Conferencing

  • 1 Tags
  • 0 Comments
Videoconferencing vs. Web Conferencing Fortunately, attorneys have options when it comes to deciding the best way to make a deposition accessible and efficient for all parties involved. Videoconferencing and web conferencing are two great options for achieving these goals. Key Differences between Videoconferencing and Web Conferencing Web conferencing assists the taking of depositions with attorneys and/or the witness in remote locations from each other.
08Jan2018

A Quick Reference Guide to Understanding eDiscovery Pricing

  • 1 Tags
  • 0 Comments
By Kelly Twigger One of the biggest challenges in purchasing ediscovery services is trying to make an apples-to-apples comparison between providers, platforms, and services, including their pricing. It’s a feat that’s next to impossible. Buying ediscovery services is a lot like buying a car — when you walk away from the deal,
08Jan2018

Why I Love Predictive Coding: Making Document Review Fun Again

  • 1 Tags
  • 0 Comments
By Ralph Losey Many lawyers and technologists like predictive coding and recommend it to their colleagues. They have good reasons. It has worked for them. It has allowed them to do e-discovery reviews in an effective, cost efficient manner, especially the big projects. That is true for me too, but that is not why I love predictive coding.
13Nov2017

Foreign Language Document Review

  • 1 Tags
  • 0 Comments
The first foreign language lawsuit I worked on as an attorney was an international price fixing case with defendants in Japan and Germany. Boxes of printed discovery were produced in Japanese. This raised serious issues of how to find documents that supported our causes of action and prepare for depositions. Fast forward to present day:  Parties might not be producing boxes of paper—in lawsuits with products made in the United States but with overseas parent companies—and instead hard drives of data in multiple languages.
10Oct2017

What to do After an Inadvertent Production

  • 1 Tags
  • 0 Comments
The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived with the inadvertent production? How can the production be technically clawed back? The answers to these questions and best practices are explained in my new guest post What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502 on the Everlaw Blog.
11Sep2017

Time To Change Your eDiscovery Mindset

  • 1 Tags
  • 0 Comments
Well, it’s happened.  ATL has asked me to write about ediscovery, a topic that many lawyers are tired of hearing about but continues to loom large. Electronic discovery is the most substantive change to the practice of law in more than 100 years, yet many relegate it to the backseat by equating it simply with data and deeming it a litigation support issue.
04Aug2017

eDiscovery Processing: Seven Tips for Reducing Stress (and Spend)

  • 1 Tags
  • 0 Comments
In eDiscovery good processing decisions early on can make a big difference. The collection is done and you finally have the data. Now what?  What’s the best way to tackle processing without breaking a sweat, the bank, or your timeline? Alongside early case assessment (ECA), this phase of eDiscovery presents an opportunity to undertake a defensible reduction of data and pass along only the material that will ultimately be necessary to review. 
06Jul2017

Five Tips to Avoid Mistakes in Electronic Document Review

  • 1 Tags
  • 0 Comments
These tips are based on a long life of litigation legal practice, including thousands of document reviews going back to 1978.  I have seen hundreds of mistakes over the years, especially in the last decade when my work as a lawyer has been limited to electronic discovery.  Many of these blunders were made by “the other side.”  Some were funny and made me smile. 
12Jun2017

E-Discovery: A Primer for Litigators

  • 1 Tags
  • 0 Comments
12Jun2017

Stop Equating eDiscovery With Data. It’s Not That Simple

  • 1 Tags
  • 0 Comments
There’s a fairly common theme to those who dislike electronic discovery:  It’s too expensive and just ramps up the cost of litigation. I do understand that costs of discovery are more upfront now, but I would argue that the “enormous costs” of discovery are because lawyers still aren’t doing it right.  
08May2017

Rule 26 and How it Applies to Electronically Stored Information

  • 1 Tags
  • 0 Comments
08May2017

What Lawyers are Really Asking About eDiscovery Behind Closed Doors

  • 1 Tags
  • 0 Comments
I recently participated in the San Francisco Exchange program put on by Today’s General Counsel, along with Bob Little, a marketing colleague at Advanced Discovery.  While I typically learn something of interest at industry events, the insights from this meeting were a bit more surprising.  First, a little background. The Exchange is a remarkable annual program held in six cities around the country;
20Mar2017

Court Rules that Proportionality and Cooperation are Essential in Resolving E-Discovery Disputes

  • 1 Tags
  • 0 Comments
Magistrate Judge R. Steven Whalen agreed with UPS that it did not have to spend six months and $120,000 to recover data stored on backup tapes that may not be relevant to the case if UPS prevails in its efforts to limit the scope of the putative class’s claims.  Instead, the Court directed the parties to share information and agree upon an appropriate methodology for statistical sampling.
20Mar2017

Threat of Destruction Justifying Third Party Preservation of ESI

  • 1 Tags
  • 0 Comments
Companies have a strong interest in making sure proprietary information does not go to competitors. Warning signs are employees who email confidential information to their personal accounts and then delete the sent email from their work email account. The following is one such case where third party email providers were ordered to preserve email created by the Defendants to avoid the destruction of relevant ESI.
23Jan2017

2017 Ediscovery Case Law: Ready for a New Year?

  • 1 Tags
  • 0 Comments
Emails, documents, spreadsheets, presentations, voice mail, text messages, social media posts. When civil litigation matters and internal investigations strike, all of these data types are ripe for discovery. How is ediscovery evolving in 2017? If you are regularly involved in the exchange of electronic documents in discovery – ediscovery – then you know that the legal landscape in this area is in a constant state of flux. 
18Dec2016

Key Takeaways from the Sedona Conference Commentary on Defense of E-Discovery Process

  • 1 Tags
  • 0 Comments
The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) has proposed a set of principles and practical guidance for the eDiscovery process in its recent publication, “Commentary on Defense of Process:  Principles and Guidelines for Developing and Implementing a Sound E-Discovery Process” (available for download here).  The Commentary seeks to address what parties can do to avoid,
16Nov2016

Five Discovery Trends to Watch in 2016

  • 1 Tags
  • 0 Comments
The most recent attempt to reduce scope and cost of discovery is reflected in the amended Federal Rules of Civil Procedure that became effective December 1, 2015. While the new amendments meaningfully focus on reducing costs associated with high volumes of data, there are other emerging concerns which continue to push the boundaries of reasonableness,
18Oct2016

Cross-Matter and Vendor Message ID

  • 1 Tags
  • 0 Comments
At last week’s ILTACON in Washington, D.C., Beth Patterson, Chief Legal and Technology Services Officer for Allens in Sydney, asked a panel why e-discovery service providers couldn’t standardize hash values so as to support identification and deduplication across products and collections.  If they did, you could use work from one matter in another. 
18Oct2016

IT and Legal Walk into a Bar: Why Strong Interdepartmental Relationships are a Must in E-Discovery

  • 1 Tags
  • 0 Comments
The E in E-Discovery requires expertise in tech as well as law, and the most successful in-house legal teams bring those disciplines together. Legal professionals become more technology savvy. IT team members begin to understand the e-discovery process and how to help Legal preserve and collect the required data. But in order to reach the highest levels of efficiency,
20Sep2016

Witnesses, Know When to Use Your Own Words

  • 1 Tags
  • 0 Comments
I frequently travel around the country to meet with attorneys in order to help them get witnesses get ready for deposition. As we share our best practices, I will sometimes notice that there is a difference of opinion over how much or how little a well-prepared witness ought to say.
20Sep2016

What is Contextual Diversity and Why Is It Important in TAR?

  • 1 Tags
  • 0 Comments
Contextual Diversity is an exploratory tool found only in the Insight Predict system that runs automatically as part of a technology-assisted review project. Many TAR systems concentrate exclusively on relevance feedback, that is, giving you the unreviewed documents predicted to be the most relevant. But Insight Predict’s Contextual Diversity system also adds in some exploratory documents to help make sure you’ve looked into all the corners of your document collection,
23Aug2016

E-Discovery Travel Guide Prepares Legal Teams for Adventure

  • 1 Tags
  • 0 Comments
The e-discovery process is definitely a trip. With each new matter comes new challenges, variables, data types, and key players—both inside and outside of your organization. And like a road trip, it can be a nightmare or a grand adventure. What it boils down to is the perfect mix of planning,
23Aug2016

Avoiding the Technical Mistakes When Drafting Written Discovery

  • 1 Tags
  • 0 Comments
Recently I received a telephone call from an attorney wanting to discuss whether opposing party’s objections to her special interrogatories had any merit.  Listening to the list of objections, it was clear that the opposing party had failed to assert the objections in good faith, as the objections included a General Objection preamble,
26Jul2016

If You Don’t Know the Answer, Then That’s Your Answer

  • 1 Tags
  • 0 Comments
As the question hangs in the air, you can see the tension working on the witness. Her face screws up, she looks at the ceiling, tenses her shoulders, and delays. As you call for a time-out in the preparation session, the witness blurts out, “What should I say? I don’t know the answer!”
26Jul2016

Some Things Don’t Need to be Discovered. Protect Sensitive Data in Discovery.

  • 1 Tags
  • 0 Comments
Today’s corporate information systems are awash with highly sensitive data. Whether it’s personally identifiable information (“PII”), personal health information (“PHI”), financial and payment information, intellectual property and trade secrets, source code—the list goes on—sensitive information exists in virtually every collection of data. It’s found in expected locations, like organized, well-managed databases;